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To ink or not to ink? That is the question

March 2020 employment law letter
Authors: 
Sarah Stula, Foulston Siefkin, LLP

Perhaps your parents warned you as a teenager that if you got a tattoo, you would never get a good job. But millennials have turned this adage on its head. Tattoos are no longer taboo. Nearly half of millennials have at least one tattoo, and the workforce is becoming more inked than ever before. As the popularity of tattoos (and tattoo reality TV shows) continues to grow, employers may wonder whether they should permit the visible display of tattoos in the workplace. Here are some tips for private and public employers faced with the question—to ink or not to ink?

Tips for private employers

If you are a private employer, you may generally adopt dress code policies requiring employees to cover their tattoos at work if their display could harm the company's public image or otherwise interfere with your business. But you should also take precautions to prevent discrimination claims that could arise from a tattoo-concealment policy, including:

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